QUESTION
Can a non-custodial parent keep his address a secret from the custodial parent? Can that parent refuse to turn the child over?
Asked on Sep 22nd, 2018 on Family Law - Wisconsin
More details to this question:
My daughter's child support/custody case was heard by a court commissioner. The dad was not required to disclose his finances, he was not required to show proof of employment or proof of residence. He was at the time living with 4 other grown men. He was given visitation every weekend from Friday at 5 pm until Sunday 'after dinner.' No specific time for return. My daughter was told to be quiet each time she raised a question. The commissioner asked the dad what he thought was fair in the way of child support. He said $100 a month, and it was granted. He also asked that he be the one to claim her on his taxes every year and was also granted that. When my daughter tried to raise any questions she was told to be quiet. Now, he has moved into a one bedroom apartment. He has no furniture, dishes, beds for him or my granddaughter to sleep in AND will not tell anyone where he lives. Can my daughter refuse visitation if he won't give his address or prove the place is fit to live in
2 ANSWERS
4 Awards
When was your daughter’s fcc hearing? She may want to consider filing a motion de novo to request a new hearing before the trial judge. Every county has their own rule on the time line to appeal. Your daughter may want to consider hiring an attorney so that formal request can be made for the dad’s financial information, check stubs and tax returns. I agree that your daughter should have an address where the dad is living at if he is going to have overnight placement with the child. I would ask to see a copy of the actual court order from the hearing and to check the information listed about the case (and possibly his address) at the Wisconsin circuit court access site. It is hard for me to believe that the court commissioner wouldn’t have been insistent on requiring the dad to provide both his financial information to the court and a current address where he is residing at.
Answered on Sep 23rd, 2018 at 5:52 AM
David B. Karp Karp & Iancu, S.C. 933 North Mayfair Road #300 Milwaukee, WI 53226 414 453 0800 dbk@karplawfirm.com www.karplawfirm.com
4 Awards
When was your daughter’s fcc hearing? She may want to consider filing a motion de novo to request a new hearing before the trial judge. Every county has their own rule on the time line to appeal. Your daughter may want to consider hiring an attorney so that formal request can be made for the dad’s financial information, check stubs and tax returns. I agree that your daughter should have an address where the dad is living at if he is going to have overnight placement with the child. I would ask to see a copy of the actual court order from the hearing and to check the information listed about the case (and possibly his address) at the Wisconsin circuit court access site. It is hard for me to believe that the court commissioner wouldn’t have been insistent on requiring the dad to provide both his financial information to the court and a current address where he is residing at.
Answered on Sep 23rd, 2018 at 5:51 AM
David B. Karp Karp & Iancu, S.C. 933 North Mayfair Road #300 Milwaukee, WI 53226 414 453 0800 dbk@karplawfirm.com www.karplawfirm.com